MORGANTOWN —The state Supreme Court has reversed a Monongalia County Circuit Court decision to dismiss the Pennsylvania Fish & Boat Commission’s lawsuit against CONSOL Energy and its former subsidiary Consolidation Coal Company.
The suit concerned damages connected with the 2009 Dunkard Creek fish kill.
The Mon court said the commission doesn’t have standing to bring the suit, but the Supreme Court disagreed.
The case now returns to Mon Circuit Court.
CONSOL spokeswoman Kate O’Donovan said Friday, May 9, that they hadn’t had a chance to review the ruling and could not comment.
PFBC spokesman Eric Levis said in an email, “The Pennsylvania Fish and Boat Commission is very pleased with the decision and will continue to pursue the case to ensure that the Commonwealth of Pennsylvania is compensated for this enormous loss of aquatic life.”
Meanwhile, West Virginia Division of Natural Resources fisheries biologist Frank Jernejcic said the creek is rebounding. It’s been suitable for fishing for two years. They did surveys in 2010 and 2012, and the majority of the fish species returned very quickly. About 98 percent of the species are back.